fischer v. mccarthy (2023)

Citation: fischer v. mccarthy (2023)
Parent Document: fischer v. mccarthy (2023)
Jurisdiction: Vermont (state)
Effective Date: 2023-12-28
Original Source: https://www.courtlistener.com/opinion/9456093/fischer-v-mccarthy/ ↗

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Item 1. Mr. McCarthy questions Mr. Fischer’s credibility, and compares
inconsistent statements in the answer to counterclaim and findings of fact. It is entirely up to
the trial court to determine what specific facts of any witness are credible or not, based on the
evidence at trial and not in pleadings. Furthermore, the discrepancy does not appear to be
one that affected the outcome.
Item 2. Mr. McCarthy offers additional evidence. Even if true, it would not affect
the outcome, as the particular fact disputed was not the basis for the decision.

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